(1965 c. 57. (S.I. 1972/106)
CHI GAMITY
to chik baca diablad
DATE 2, 28, 4, L
(2) Section 238 does not affect the operation of the Nuclear Installations Act 1966 as extended to Hong Kong by the Nuclear Installations (Hong Koog) Order 1972, as to liability for, and compensation in respect of, injury or damage caused by occurrences involving nuclear matter or the emission of ionising radiations.
(3) In this Part, "bom" means bom alive (the moment of a child's birth being when it first has a life separate from its mother), and "birth" has a corresponding meaning.
(4) References in this Part to a child being born dis- abled or with disabilities are to its being born with any deformity, disease or abnormality, including predisposition (whether or
this scene of immediate prognosis) to physical or mental defect in the future. I
228. (1) 3£ ■ chikl'is born disabled as the result of such an occurrence before its birth us is mentioned in aubseC- tion (2) and a person (other than the child's two motber) is under this section auswerable to the child in respect of the occurrence, the child's, disubilities are to be regarded as damage resulting from the wrongful act of that person and actioncible accordingly of the suit of the child.
(2) Au occurrence to” which this section applies is one which
(a) affected either parent of the child in his or her
ability to have a normal, begħthy child; or
(b) affected the mother during her pregnancy, or affected her or the child in the course of its birth, so that the child is born with disabilities which would not otherwise have been present.
(3) Subject to subsections (4) to (7), a person (here referred to as "the defendant'') is answerable to the child if he was liable in tort to the parent or would, if sued in duo time, have been so; and it is no answer that there could not have been such liability because the parent suffered po actionable injury, if there was a breach of legal duty which, accompanied by injury, would have given rise to liability.
(4) In the case of an occurrence preceding the time of conception, the defendant is not answerable to the child if at that time either or both of the parents knew the risk of their child being born disabled (that is to say, the particular risk created by the occurrence); but should it be the child's Eather who is the defendant, this subsection does not apply if he knew of the risk and the mother did not.
(5) The defendant is not answerable to the child, for anything he did or omlated to do when responsible în a professional capacity for treating or advising the parent, if he took reasonable care having due regard to then received professional opinion applicable to the particular class of case; but this does not mean that he is answerable only because he departed from received opinion.
(6) Liability to the child under this section may be treated as having been excluded or limited by contract made with the parent affected, to the same extent and subject to the same restrictions as liability in the parent's own case; and & contract term which could have been set up by the de fendant in an action by the parent, so as to exclude or limit
Lexbills to be regarded as Lability for personal (ojutka KAUKLIMAA by chaled
aber das birth. 1976 c. 28. *.4431.
No demarca luc uyes dt capertadom of Hepler ch
we fou
kost 48 hours. 1976 2. 24.
* 4045
Application
to Crown.
1978.
3
his liability to him or her, operates in the defendant's favour to the same, but no greater, extent in an action under this section by the child.
(7) If in the child's action under this section it is shown that the parent affected shared the responsibility for the child being born disabled, the damages are to be reduced to such exlect as the court thinks just and equitable having regard to the extent of the parent's responsibility.
220. Liability to a child under section 2219 is to be regarded-
(a) as respects all its incidents and any matters arising
or to arise out of it; and
(b) subject to any contrary context or intention, for the purpose of construing references in enactmeals and documents to personal or bodily injuries and cognale matters,
as liability for personal injuries sustained by the child imm- mediately after its birth.
220. No damages shall be recovetable under section 22B in respect of any loss of expectation of life unless the child lives for at least 48 hours.
21E. This Part binds the Crown.".
Passed by the Hong Kong Legislative Council this 13th day of April,
Pia
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the hill, and is found by me to be a true and correctly printed copy of the said bil,
Pla
Clerk to the Legislative Council.
No comments yet.
Private notes are available after approval.